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Local News

Reason to carry
Sunday, August 05, 2007
Ken Koons/Staff Photo
Sara Duley, who works in Mount Airy, has had her handgun-carrying permit for about a year.

In some states, the right to carry a firearm is guaranteed; in Maryland, you need to establish a reason.

Maryland law requires a “good and substantial reason” for residents to be given a handgun permit, or what other states call a concealed weapons permit, that allows them to wear, carry or transport a handgun outside their property.

A handgun permit is not required to purchase or own a handgun, but a permit is necessary to keep a handgun in a car, a place of employment or to carry it concealed.

Handgun permits come under the jurisdiction of the handgun unit of the Maryland State Police Licensing Division.

The applicant must provide a list of references and a fingerprint card to submit for an FBI record check, along with the reason that he or she needs the permit.

The record check takes 35 to 40 days, according to Cpl. Michael Cusimano, head of the handgun unit.

During this time the police are conducting their own background check and evaluating the reason the applicant has presented for requesting the permit, he said.

The two most common reasons cited on handgun permit applications are a need because of one’s employment and fear for one’s safety.

Security guards, private investigators and corrections officers need to be able to carry a firearm while they do their jobs.





The handgun unit verifies that the applicant does work for the company he or she claims to and that the company recognizes the applicant’s need to carry a weapon.

Fear is a vaguer reason, according to Cusimano, and applicants can have difficulty providing concrete proof that they are in danger.

“Everything in the handgun permit world is gray,” he said.

Applicants must have evidence to prove they are being targeted, whether it’s police reports or first-person descriptions of threats or assaults.

The process of looking into the reason for the handgun permit can take 90 to 120 days.

If the reason is verified, the permit is issued, occasionally with restrictions on times and places where it is valid, Cusimano said.

Once the application is approved, the permit is valid for two years.

If the application is denied, however, there are steps that can be taken.

The applicant can appeal the decision to the licensing division, where the applicant’s arguments are reviewed and a decision is rendered in an informal hearing.

If the applicant is once again denied a permit and he or she thinks the decision is unjust, he can appeal to the handgun permit review board.

The board consists of five members who hear the appeal and make a decision.

If the permit is still denied, the applicant can appeal to the Circuit Court of Maryland.

Cusimano said that often the applicant does not know why his or her application was denied, and after the informal hearing with the licensing division, the rejected applicant understands the reasons behind the rejection and does not appeal further.

Capt. Laura Herman, head of the licensing division, said that out of 190 denied applications in 2006, 138 attended the informal hearing, and 28 of those people appealed to the review board.

There is also a process for reapplication.

Even if an initial permit is granted, after two years the permit holder must reapply and the reason why they needed the permit is re-evaluated.

Cusimano said each application is judged on its own merit and requalification is not automatic. The applicant must prove that he or she has the job he or she applied under or that the person remains fearful.

Permits granted for work purposes may have to be reissued earlier than the date of expiration if the employee changes jobs but still needs the permit. The permit holder has 30 days to submit new proof of employment.

After two years, a permit granted for self-defense may no longer be needed if the reason behind the permit holder’s fear has gone away.

If a new permit is issued, it is good for three years.

By requiring a reason for issuing a handgun permit, Maryland is classified as a “restrictive may issue” state, meaning a permit is not guaranteed and only under certain circumstances will one be granted.

Elsewhere in the country, 36 states are designated as “shall issue” states, meaning they issue permits, usually within 45 days of the application after a background check, and do not require a reason for issuing the permit.

Maryland’s neighbors Pennsylvania, Virginia and West Virginia are among these less-restrictive states.



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Comments:

Jim wrote on Aug 8, 2007 2:38 AM:

" I am permitted to carry in all nearby states. That I can not carry in my own state of MD is anti-American. As a result of this legislative stupidity I spend nearly all of my waking time in VA, WV, or PA. I never go out to eat, movies, biking, or anything else but sleep in MD. I will soon move for this very reason. You people who think you are safer without guns in the hands of law abiding citizens are simply fooling yourselves, the statistics prove you wrong, very wrong. Criminals are safe in MD. "

Kevin II wrote on Aug 7, 2007 12:28 PM:

" All law-abiding citizens of Maryland should be clear on the position of the Maryland State Legislature. Every year, they are presented with facts that prove that allowing the law-abiding to defend themselves reduces violent crime, yet year after year, the Legislature refuses. By so doing, the Legislature accepts that a number of murders, robberies, and rapes will occur that might have been prevented. This is appalling to anyone with any sense of decency. Your neighbors are working to regain our most important civil liberty. Join us: http://www.marylandshallissue.org/ "

Kevin wrote on Aug 7, 2007 12:17 PM:

" Besides the states that have “shall issue” permits, two states, Alaska and Vermont, have no permits. Any citizen without a record may carry what they can legally own. Both these states, and all the “shall issue” states, hold those who would carry legally responsible for their actions. No such state has experienced the “blood bath” that anti-liberalization forces predicted. All law-abiding citizens of Maryland should be clear on the position of the Maryland State Legislature. Having been presented, year after year, with facts that "

Tom P. wrote on Aug 7, 2007 8:50 AM:

" 2005 Violent Crime statistics. Maryland, ~700 per 100,000 Virginia, ~290 per 100,000 West Virginia ~280 per 100,000 Pennsylvania ~430 per 100,000 Seems like that Shall Issue stuff works pretty well. MD has twice the violent crime as their gun toting neighbors do. "

Tim wrote on Aug 6, 2007 8:20 PM:

" Your story contains an error in law. Maryland Code Section 4-203(b)(6) states: "This section does not prohibit the wearing, carrying or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases." In your story you state that a permit is needed to carry a handgun in concealed fashion in a business without a permit issued by the People's Republic (sorry, I meant to say) the State of Maryland. This is not true. "

Neighboring Statesman wrote on Aug 6, 2007 2:31 PM:

" Maryland Beware, "I'm glad...extra safe from violence. " I hope this statement is made in jest because our founding fathers warned us that whenever we choose to restrict essential liberties (like one's right to protect him/herself) for the sake of security we deserve neither. I'm sure dictatorships have relatively low amounts of crime... "

Paul wrote on Aug 6, 2007 1:18 PM:

" Maryland Beware better get her head out of the sand. "

Neil Evangelista wrote on Aug 6, 2007 8:08 AM:

" The state is violating the U.S. Constitution and several Supreme Court decisions, specifically Murdock v. Pennsylvania: “No state shall convert a liberty into a privilege, license it, and attach a fee to it.” “If the state converts a liberty into a privilege, the citizen can engage in the right with impunity.” (That means you can't be punished for engaging in that right.) Shuttlesworth v. Birmingham. Norton v. Shelby County: “An unconstitutional act is not law; ... it is in legal contemplation, as inoperative as though it had never been passed.” "Permits? We don' need no steenkin' Permits!" "

Harold's second rant wrote on Aug 6, 2007 7:48 AM:

" Yeah, so much for the pursuit of life, liberty and happiness, MD. So much for allowing the law abiding their right to preservation. If the second amendment were only to apply to flintlocks, then the first amendment applies only to quill and lead type. Your asinine laws contradict the very freedoms our forefathers founded this great nation upon! You are a victim-rich state! You hold hands with The Brady Bunch and sing Kum Ba Yah, but in the meantime, you are leaving your sheep to slaughter at the hands of criminals who do carry! "

Harold wrote on Aug 6, 2007 7:38 AM:

" Guns are evil!!! Such demonic, destructive devices! People should call the police to arrest criminals in the face of violence! There is no need to carry a weapon to protect yourself in this modern society! Besides, some of the safest places are schools, courthouses and police stations. We never see shootings occur at these "victim-friendly" zones. How many gun stores were ever robbed at point blank during daylight hours where guns are carried by law-abiding members of society protecting their store's customers and their own lives? Yeah - you never see that! "

David Army wrote on Aug 6, 2007 12:48 AM:

" The writer who thinks the DC gun ban makes it a safer place is dreaming. Look at the facts Maryland is high in crime and DC is even higher. When the inocent are not armed the criminal will be emboldened and the crime rates rise. Please look at the facts before sounding off with such foolishness "

Al G wrote on Aug 5, 2007 11:03 PM:

" RE: Maryland, "The Free State" That was from a journalist who was commenting on Maryland not supporting Prohibition. But Maryland is fundamentally messed up, and I plan to leave the state soon.... "

Norm Balog wrote on Aug 5, 2007 10:51 PM:

" Having several of the permits which allow me to carry concealed outside of Maryland for protection of my family and myself,guess which state(s) my family and I choose to vacation in? Would you have guessed that Maryland isn't one of them? Maryland, which has, since 1997 remained #1 in robbery and #2 or thereabouts for violent crime in the US (see FBI Uniform Crime reports), isn't a place I like to take my family for fun, relaxation or to spend our money. Not until I'm as well armed as the criminals. "

Maryland Beware!!! wrote on Aug 5, 2007 1:50 PM:

" It appears that rogue citizens in neighboring states are wandering around treating our free and safe civilized society like the Wild West. I'm sure it goes without saying that all of these states have a much higher rate of handgun violence and murder than Maryland. I'm glad I live in Maryland where the really smart members of the state legislature have wisely chosen which rights to restrict in order to keep me safe. Maybe Maryland should just make guns illegal like Washington DC to keep use extra safe from violence. "

David in Mt. Airy wrote on Aug 5, 2007 8:38 AM:

" Did you know that Maryland was once known as The Free State. Oh where did our freedom go? "